SPC Infrastructures Pvt. Ltd., C-74, Amba Bari, Jaipur, Amba Bari, Jaipur V. DCIT, Circle-4, Room No.212, NCRB, Statue Circle, Jaipur, Circel-4, Jaipur

ITA 325/JPR/2019

• Counselvise Citation: [2019] 113 COUNSELVISE.COM (IT) 6360 (ITAT-JAIPUR)
• Duration Of Justice: 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 11-03-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RUNI PAL JCIT DHK
• Keywords: Income from undisclosed sources; Loose papers; Set aside
• Section: 143(1); 148

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH B, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 325/JP/2019 FU/KZKJ.K O'K Z @ ASSESSMENT YEARS : 2010-11. M/S. SPC INFRASTRUCTURES P. LTD., C-74, AMBA BARI, JAIPUR. CUKE VS. THE DCIT, CIRCLE-4, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAFCS 8079 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MUKESH KHANDELWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SMT. RUNI PAL (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 14.11.2019. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 15/11.2019. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 29.01.2019 OF LD. CIT (A) AJMER FOR THE ASSESSMENT YEAR 2010-11. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. THAT THE LD. CIT (A) HAS ERRED IN LAW AND ON FA CTS IN SUSTAINING THE ORDER OF THE LD. AO AS VALID BY IGNORING THE VI TAL FACT THAT THE LD.AO HAD PASSED THE ORDER WITHOUT MEETING THE OBJE CTIONS OF THE APPELLANT RAISED AGAINST PROCEEDINGS U/S 148, T HROUGH A SPEAKING ORDER AS PER THE THEORY ENUNCIATED BY THE HONBLE SC IN THE CASE OF GKN DRIVESHAFT INDIA LTD. (259 ITR 1 9). 2. WITHOUT PREJUDICE TO GROUND NO. 1, THE LD. CIT ( A) HAS ERRED IN LAW AND ON FACTS IN SUSTAINING THE ADDITION OF RS. 7.73,080/- MADE BY THE LD. AO ON THE BASIS OF 5 LOOSE PAPERS I MPOUNDED 2 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. DURING THE COURSE OF SURVEY PROCEEDINGS UNDERTAKEN AGAINST THE APPELLANT WITHOUT PROPERLY APPRECIATING THE CONTENT S OF SUCH PAPERS. GROUND NO. 1 IS REGARDING THE VALIDITY OF INITIATIO N UNDER SECTION 148. 2. AT THE TIME OF HEARING, THE LD. A/R OF THE ASSES SEE HAS STATED AT BAR THAT THE ASSESSEE DOES NOT PRESS GROUND NO. 1 AND THE SAME M AY BE DISMISSED AS NOT PRESSED. THE LD. D/R HAS RAISED NO OBJECTION IF THE GROUND NO.1 OF THE ASSESSEES APPEAL IS DISMISSED AS NOT PRESSED. ACCORDINGLY, G ROUND NO. 1 OF THE ASSESSEES APPEAL IS DISMISSED BEING NOT PRESSED. GROUND NO. 2 IS REGARDING THE ADDITIONS MADE BY THE AO AND SUSTAINED BY THE LD. CIT (A) ON THE BASIS OF SOME L OOSE PAPERS FOUND DURING THE COURSE OF SURVEY. 3. THE ASSESSEE COMPANY FILED ITS RETURN OF INCOME ON 5 TH SEPTEMBER, 2010 DECLARING TOTAL INCOME OF RS. 1,73,60,980/-. THE R ETURN OF INCOME WAS PROCESSED UNDER SECTION 143(1) OF THE IT ACT. SUBSEQUENTLY T HERE WAS A SURVEY ON 3 RD DECEMBER, 2014 WHEREIN VARIOUS DOCUMENTS WERE IMPOU NDED. THE ASSESSEE IS A COMPANY AND ENGAGED IN THE BUSINESS OF CIVIL WORK A ND ROAD CONTRACT. BASED ON THE IMPOUNDED DOCUMENTS RELATING TO THIS YEAR, THE AO R EOPENED THE ASSESSMENT BY ISSUING NOTICE UNDER SECTION 148 OF THE IT ACT ON 3 0 TH MARCH, 2017. THE REASSESSMENT WAS COMPLETED ON 21 ST DECEMBER, 2017 WHEREBY THE AO MADE ADDITION OF RS. 1,28,638/- BASED ON THE ENTRIES IN THE IMPOUNDED DOCUMENTS IN THE NAMES OF CERTAIN PERSONS. SIMILARLY, AN ADDITION OF RS. 70,000/- WAS MADE TREATING THE SAME AS UNDISCLOSED INCOME AS PER PAGE 35 OF TH E IMPOUNDED DOCUMENTS. THE 3 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. THIRD ADDITION WAS MADE BY THE AO ON ACCOUNT OF THE PURCHASES MADE IN CASH AS PER THE LEDGER ACCOUNT OF THE ASSESSEE IN THE BOOKS OF M/S. SARRAF PIPE INDUSTRIES FOR A SUM OF RS. 5,74,442/-. THUS THE AO MADE TOTAL ADDIT ION OF RS. 7,73,080/-. THE ASSESSEE CHALLENGED THE ACTION OF THE AO BEFORE THE LD. CIT (A) AND CONTENDED THAT THE LOOSE PAPERS FOUND DURING THE SURVEY ARE DUMB D OCUMENTS AND DO NOT EVEN REVEAL THE NATURE OF THE ENTRIES WHETHER IT IS THE RECEIPT OR PAYMENT. FURTHER, THESE ENTRIES EVEN DO NOT RELATE TO ANY TRANSACTION AND N ATURE OF TRANSACTION. AS REGARDS THE LEDGER ACCOUNT IN THE BOOKS OF M/S. SARRAF PIPE INDUSTRIES, THE ASSESSEE CONTENDED THAT THE ENTRIES SHOWN IN THE SAID LEDGER ACCOUNT WERE NOT RELATING TO THE ASSESSEE. THE LD. CIT (A) DID NOT ACCEPT THIS CONTE NTION OF THE ASSESSEE AND CONFIRMED THE ADDITION MADE BY THE AO. 4. BEFORE US, THE LD. A/R OF THE ASSESSEE HAS SUBMI TTED THAT THE ADDITIONS MADE BY THE AO OF RS. 1,28,638/- AS WELL AS RS. 70,000/- ARE BASED ON THE LOOSE PAPERS BUT THE ENTRIES IN THE LOOSE PAPERS DO NOT CONSTITU TE ANY INCOME OR UNDISCLOSED INCOME OF THE ASSESSEE. THUS THE LD. A/R OF THE AS SESSEE HAS SUBMITTED THAT EVEN THE ADDITION OF RS. 70,000/- IS BASED ON THE LOOSE PAPERS CANNOT BE SAID TO BE AN INCOME OF THE ASSESSEE WHEN THE SAID ACCOUNT CLEARL Y SHOWS AN OPENING BALANCE OF RS. 13,70,500/-, THEN THE CREDIT OF RS. 70,000/- DA TED 27.10.2009 CANNOT BE TREATED AS INCOME OF THE ASSESSEE. SIMILARLY, THE ADDITION OF RS. 1,28,638/- MADE BY THE AO BASED ON THE LOOSE PAPERS IS ALSO NOT JUSTIFIED AS THESE ENTRIES DO NOT REPRESENT ANY INCOME OR UNACCOUNTED INCOME OF THE ASSESSEE. THESE ARE DUMB DOCUMENTS NEITHER GIVING ANY DETAILS OF THE TRANSACTION/NATURE OF TRA NSACTION NOR SIGNED BY ANY PERSON OF THE ASSESSEE COMPANY OR SOMEBODY ELSE. THUS SOME FIGURES ARE WRITTEN ON THE LOOSE PAPERS CANNOT BE TREATED AS DISCLOSING ANY IN COME OF THE ASSESSEE. THE LD. 4 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. A/R HAS FURTHER CONTENDED THAT THE ADDITION OF RS. 5,74,442/- IS MADE ON THE BASIS OF THE LEDGER ACCOUNT IN THE BOOKS OF M/S. SARRAF P IPE INDUSTRIES, HOWEVER, THE ASSESSEE HAS NOT MADE THESE PURCHASES AS RECORDED I N THE SAID LEDGER ACCOUNT. IT MAY BE A CASE OF POST PURCHASES MADE BY THE SUB CON TRACTOR OF THE ASSESSEE WHO HAS EXECUTED THE WORK AT THE SITE AND M/S. SARRAF P IPE INDUSTRIES HAS MADE THESE ENTRIES IN THE LEDGER ACCOUNT OF THE ASSESSEE INSTE AD OF SUB CONTRACTOR. THUS THE LD. A/R HAS SUBMITTED THAT THE ADDITIONS MADE BY THE AO AND SUSTAINED BY THE LD. CIT (A) ARE NOT SUSTAINABLE. IN SUPPORT OF HIS CONTENT ION, HE HAS RELIED UPON THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL D ATED 05.09.2016 IN CASE OF M/S. SPC INFRASTRUCTURE PVT. LTD. VS. ACIT IN ITA NOS. 1 38 & 328/JP/2016. THE SAID DECISION WAS CHALLENGED BY THE REVENUE BEFORE THE H ONBLE JURISDICTIONAL HIGH COURT, HOWEVER, THE HONBLE HIGH COURT HAS DISMISSE D THE APPEAL OF THE REVENUE AND UPHELD THE DECISION OF THE TRIBUNAL. THUS THE LD. A/R HAS CONTENDED THAT THE ADDITIONS MADE BY THE AO ARE NOT JUSTIFIED AND THE SAME MAY BE DELETED. 5. ON THE OTHER HAND, THE LD. D/R HAS SUBMITTED THA T ALL THESE DOCUMENTS WERE FOUND IN THE POSSESSION OF THE ASSESSEE AND, THEREF ORE, THE ONUS WAS ON THE ASSESSEE TO EXPLAIN THE ENTRIES RECORDED IN THESE D OCUMENTS. FURTHER, THE LEDGER ACCOUNT OF THE ASSESSEE IN THE BOOKS OF M/S. SARRAF PIPE INDUSTRIES WAS ALSO FOUND AND IMPOUNDED FROM THE POSSESSION OF THE ASSESSEE A ND, THEREFORE, IT WAS THE ASSESSEE TO EXPLAIN THE TRUE AND CORRECT FACTS ABOU T THE ENTRIES IN THE LEDGER ACCOUNT. WHEN THE ASSESSEE HAS FAILED TO EXPLAIN TH E ENTRIES IN THE IMPOUNDED MATERIAL, THE AO WAS JUSTIFIED TO MAKE THE ADDITION . WHILE FRAMING THE ASSESSMENT, THE AO RELIED UPON VARIOUS PRECEDENTS AS CITED AT P AGE 3 OF THE ASSESSMENT ORDER. THUS THE LD. D/R HAS RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW AND SUBMITTED 5 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. THAT WHEN THE ASSESSEE HAS FAILED TO EXPLAIN THE EN TRIES IN THE IMPOUNDED MATERIAL, THEN THE SAID ENTRIES REVEALING CERTAIN AMOUNTS ON DIFFERENT DATES ARE IN THE NATURE OF UNACCOUNTED INCOME OF THE ASSESSEE. 6. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WELL AS THE RELEVANT MATERIAL ON RECORD. AS REGARDS THE ADDITION OF RS. 70,000/- MA DE BY THE AO BASED ON THE IMPOUNDED MATERIAL PLACED AT PAGE 3 OF THE PAPER BO OK, WE FIND THAT THE AO HAS PICKED UP ONLY ONE ENTRY OF CASH RECEIVED BY THE AS SESSEE FOR THE YEAR UNDER CONSIDERATION OF RS. 70,000/- IGNORING ALL OTHER EN TRIES RECORDED IN THE SAID DOCUMENT. FOR READY REFERENCE, WE REPRODUCE THE EN TRIES IN THE SAID DOCUMENT AT PAGE 3 AS UNDER :- SR. NO. DATE PARTICULARS DEBIT CREDIT REMARKS 1. 31.05.2005 OLD BALANCE 1317500.00 2. 08.09.2005 FDR INTEREST RS. 5 LAC 13000.00 3. 08.09.2005 CASH REC. 513000.00 4. 13.10.2006 CASH REC. 100000.00 5. 12.09.2007 CASH REC. 100000.00 6. 22.01.2009 CASH REC. 100000.00 7. 27.10.2009 CASH REC. 70000.00 8. 1330500.00 883000.00 447500.00 DEU. THUS IT IS CLEAR THAT THERE IS A DEBIT BALANCE AS O N 31 ST MAY, 2005 OF RS. 13,17,500/- AND THE OTHER ENTRIES INCLUDING THE ENTRIES DATED 2 7.10.2009 ARE REPRESENTING THE CASH RECEIVED AGAINST THE SAID DEBIT BALANCE IN THE ACCOUNT OF SHASHI SAHAY. THIS ENTRY IS NOTHING BUT RECOVERY OF DEBITS FROM THE SA ID PARTY AND WOULD NOT CONSTITUTE INCOME OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERA TION. IF THERE IS ANY INCOME NOT OFFERED BY THE ASSESSEE ON ACCOUNT OF THAT ENTRY, T HEN THE INITIAL BALANCE IS REQUIRED TO BE CONSIDERED AND VERIFIED WHETHER IT WAS A REVE NUE RECEIPT AND UNACCOUNTED ENTRY. THEREFORE, THE SAID RECOVERY OF DEBIT AS PER THE SAID ACCOUNT CANNOT BE 6 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. TREATED AS INCOME OF THE ASSESSEE. ACCORDINGLY, WE DELETE THE ADDITION OF RS. 70,000/- MADE BY THE AO BASED ON THE SAID ENTRY. E VEN OTHERWISE, MAKING THE ADDITION BY THE AO WITHOUT CONSIDERING THE OTHER EN TRIES IN THE SAID ACCOUNT IS NOT JUSTIFIED. 6.1. AS REGARDS THE ADDITION OF RS. 1,28,638/- IS C ONCERNED, THE SAID ADDITION WAS MADE BY THE AO BASED ON THE ENTRIES IN THE LOOSE PA PERS AT PAGE 4 ARE AS UNDER :- ALL THESE ENTRIES ARE ONLY CERTAIN AMOUNTS RECORDED ON DIFFERENT DATES BUT THERE IS NO DESCRIPTION OR PARTICULARS OF THE ENTRIES WHETHER T HESE ARE THE AMOUNT DUE OR AMOUNT PAID OR AMOUNT RECEIVED BY THE ASSESSEE ON T HESE DATES. AT THE TIME OF SURVEY, THE DEPARTMENT OUGHT TO HAVE RECORDED THE S TATEMENT OF THE ASSESSEE AND SEEK THE EXPLANATION REGARDING THE NATURE OF THESE ENTRIES. IN THE ABSENCE OF ANY 7 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. DESCRIPTION OR PARTICULARS OF TRANSACTION IN THE IM POUNDED DOCUMENTS, IT CANNOT BE TREATED AS INCOME OF THE ASSESSEE. FURTHER, WHEN TH E DOCUMENT ITSELF DOES NOT REVEAL ANY INCOME THEN THE AO CANNOT MAKE THE ADDIT ION ON ASSUMPTION OF THE SAID ENTRY AS INCOME OF THE ASSESSEE. THE COORDINATE BE NCH OF THIS TRIBUNAL IN CASE OF SPC INFRASTRUCTURES PVT. LTD. (SUPRA) WHILE CONSIDE RING AN IDENTICAL ISSUE HAS HELD IN PARA 5.3 AS UNDER :- 5.3. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED TH E MATERIAL AVAILABLE ON RECORD. AS PER ANNEXURE-20 IMPOUNDED DURING THE COURSE OF S URVEY, STATEMENT OF ACCOUNT OF SHRI GHANSHYAM PARIHAR WAS IMPOUNDED WHICH IS PL ACED AT PAGE 52 OF THE PAPER BOOK. AS PER THIS PAPER, THERE ARE THREE DIFFERENT ENTRIES FOR RS. 30 LACS, RS. 15 LACS AND RS. 35 LACS TOTALING RS. 80 LACS. IN THIS WORKI NG ALSO, INTEREST IS GIVEN AT DIFFERENT RATES I.E. ON RS. 30 LACS @ 1% RS. 30,000/-, ON RS. 15 LACS @ 2% RS. 30,000/- AND ON RS. 35 LACS @ 2.25% RS. 79,000/-. IN THIS PAPER THE RE ARE OTHER NOTINGS ALSO RELATED TO SOME OTHER PERSONS OF RS. 2,00,000/-, RS. 50,000/-, RS. 15,000/- AND RS.65,000/-. THIS PIECE OF PAPER SHOWS ONLY WORKING AND SOURCE O F INTEREST AT DIFFERENT RATES. THERE IS NO SIGNATURE BY THE BORROWER OR THE LENDER . THERE IS NO OTHER DOCUMENT CORROBORATING THESE ENTRIES. ADMITTEDLY, THE AUTHOR ITIES BELOW HAVE RAISED THE ENTIRE ADDITION ON THE BASIS OF THIS PIECE OF PAPER. THIS IS NEITHER ACKNOWLEDGEMENT OF FACT NOR A DOCUMENT NOR AN AGREEMENT ENFORCEABLE UNDER T HE LAW. THIS ONLY REFLECTS THE WORKING OF THE INTEREST AT DIFFERENT AMOUNTS. THE A UTHORITIES BELOW HAVE DISCARDED THE EXPLANATION AND HAVE NOT ACCEPTED THE AFFIDAVIT OF THE BORROWER ON THE GROUND THAT THE BORROWER IS NOT PRODUCED BY THE ASSESSEE. THE AO HAS NOT ISSUED ANY SUMMON TO SHRI GHANSHYAM PARIHAR. IT IS NOW WELL SE TTLED THAT MERELY ON THE BASIS OF A PIECE OF PAPER IMPOUNDED DURING THE COURSE OF SURVEY, IT IS NOT A SUFFICIENT EVIDENCE TO MAKE THE ADDITION. THE REVENUE HAS TO B RING ON RECORD CORROBORATIVE EVIDENCE. WE DRAW SUPPORT FROM THE DECISION OF HON BLE DELHI HIGH COURT RENDERED IN THE CASE OF CIT VS. KULWANT RAI, 291 ITR 36 (DEL .). RESPECTFULLY FOLLOWING THE JUDGMENT OF THE HONBLE DELHI HIGH COURT, SUPRA, WE SET ASIDE THE ORDER OF LD. CIT (A) AND DELETE THE ADDITIONS ON ACCOUNT OF ALLEGED UNDI SCLOSED INVESTMENT AND ALLEGED INTEREST THEREON. THE GROUND OF THE ASSESSEE IS ALL OWED. 8 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. THE SAID DECISION OF THE TRIBUNAL WAS CHALLENGED BY THE REVENUE BEFORE THE HONBLE JURISDICTIONAL HIGH COURT AND THE APPEAL OF THE REV ENUE WAS DISMISSED VIDE JUDGMENT DATED 20 TH FEBRUARY, 2018 IN DBIT APPEAL NO. 69 OF 2017 UPHOL DING THE DECISION OF THE TRIBUNAL. ACCORDINGLY IN VIEW OF TH E FACTS AND CIRCUMSTANCES OF THE CASE, WHEN THE IMPOUNDED DOCUMENTS DO NOT REVEAL AN Y NATURE OF THE ENTRIES OR UNACCOUNTED INCOME, THEN IN THE ABSENCE OF ANY CORR OBORATIVE EVIDENCE TO SHOW THAT THESE ENTRIES ARE REPRESENTING THE UNACCOUNTED INCOME OF THE ASSESSEE, THE ADDITION MADE BY THE AO IS UNCALLED FOR. ACCORDINGL Y THE SAME IS DELETED. 6.2. AS REGARDS THE ADDITION OF RS. 5,74,442/- BASE D ON THE LEDGER ACCOUNT OF THE ASSESSEE IN THE BOOKS OF M/S. SARRAF PIPE INDUSTRIE S, WE FIND THAT THE SAID DOCUMENT WAS FOUND FROM THE POSSESSION OF THE ASSESSEE AND I T IS A PROPER LEDGER ACCOUNT MAINTAINED BY M/S. SARRAF PIPE INDUSTRIES. THE ASS ESSEE HAS NOT DISPUTED THE SAID LEDGER ACCOUNT FOUND IN THE POSSESSION OF THE ASSES SEE AND THE BUSINESS RELATION WITH M/S. SARRAF PIPE INDUSTRIES. HOWEVER, THE ASS ESSEE HAS DISPUTED THAT THE ENTRIES IN THE SAID LEDGER ACCOUNT ARE NOT RELATING THE ASSESSEES PURCHASES BUT IT MAY BE THE PURCHASES MADE BY THE SUB CONTRACTOR OF THE ASSESSEE WHO HAS EXECUTED THE WORK AT SITE. HOWEVER, IN THE ABSENCE OF ANY SUCH EXPLANATION AND SUPPORTING MATERIAL PRODUCED BY THE ASSESSEE, THIS CONTENTION OF THE ASSESSEE CANNOT BE ACCEPTED. WE FURTHER NOTE THAT THERE ARE 3-4 ENTRIES OF PURCHASES MADE AGAINST THE PAYMENT THROUGH CHEQUES. THEREFORE, TH OSE ENTRIES IN THE LEDGER ACCOUNT CAN MAKE THE PICTURE CLEAR WHO HAS ACTUALLY MADE THE PURCHASES AND FROM WHOSE BANK ACCOUNT THESE PAYMENTS WERE MADE. THERE FORE, WE FIND THAT THE ADDITION MADE BY THE AO BASED ON THE LEDGER ACCOUNT REQUIRES PROPER VERIFICATION 9 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR. AND EXAMINATION OF FACTS WHETHER THESE PURCHASES WE RE MADE BY THE ASSESSEE OR SOMEBODY ELSE BUT RECORDED IN THE NAME OF THE ASSES SEE. THUS THIS ISSUE IS SET ASIDE TO THE RECORD OF THE AO FOR PROPER VERIFICATI ON AND EXAMINATION OF THESE FACTS RELATING TO THE PURCHASE ENTRIES RECORDED IN THE SA ID LEDGER ACCOUNT. THE ASSESSEE IS ALSO DIRECTED TO PRODUCE ALL THE RELEVANT DETAILS A ND RECORD IN SUPPORT OF THE CONTENTION THAT THESE PURCHASES WERE NOT MADE BY TH E ASSESSEE. NEEDLESS TO SAY THAT THE ASSESSEE BE GIVEN AN APPROPRIATE OPPORTUNI TY OF HEARING BEFORE PASSING THE FRESH ORDER. 7. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/11/2019. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKWO (VIKRAM SINGH YADAV) (VIJAY PAL RAO) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 15/11/2019. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-M/S. SPC INFRASTRUCTURES P. LTD., JAI PUR. 2. IZR;FKHZ@ THE RESPONDENT-THE DCIT CIRCLE-4, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 325/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR 10 ITA NO. 325/JP/2019 M/S. SPC INFRASTRUCTURES PVT. LTD., JAIPUR.